FCC Sets 'Team Telecom' Docket Refresh

The FCC wants refreshed comments from a 2016 "Team Telecom" NPRM on timely executive branch review of deals involving foreign ownership, said a public notice Monday. The NPRM sought comment on what types of applications should be referred to the executive branch, what information should be included on an application that could help with the review, how applicants would certify compliance with mitigation, and how quickly the executive branch would complete reviews (see 1606030025). Commissioners of both parties backed the PN.

President Donald Trump issued an executive order (13913) April 4 formalizing the executive branch's process for reviewing foreign takeovers of U.S. communications assets (see 2004060071). It set up a committee for the assessment of foreign participation in the U.S. telecom sector. The EO sets a 120-day timeline for initial review of the application, plus a 90-day "secondary assessment" if standard mitigation factors aren't deemed sufficient. When committee members and advisers from Team Telcom -- DOD, the Department of Homeland Security and DOJ -- can't reach consensus, they will submit a recommendation letter to the president, the PN said. It seeks comment on the EO and whether other rules are needed "to improve timeliness and transparency."

The International Bureau wants the committee to weigh in on whether it will publicize a standard set of questions and requests for applicants involving foreign ownership, and if so, where. It wants to clarify expectations on whether such questions should be answered in the original application, and whether certifications will be required at the time of an application. The PN asks stakeholders to show how the Clarifying Lawful Overseas Use of Data Act or other changes to law or regulation since 2016 might alter the process.

“Updating the record in our existing ‘Team Telecom’ proceeding is an appropriate next step," Commissioner Mike O'Rielly said in a statement Monday. He sought an implementing order in the months ahead. "Team Telecom can be reformed to eliminate its opaque and unpredictable existing practices, while still firmly preserving our ability to protect U.S. national security,” he said.

“The FCC greatly benefits from executive branch national security and foreign policy expertise, but Team Telecom needed more formal procedures," Commissioner Geoffrey Starks emailed. "I support refreshing the record and moving forward with rules that better protect national security in the FCC authorization process.”

FCC Commissioner Jessica Rosenworcel said it shouldn't take four years “to act on matters of national security. There are smart steps we can take now to improve the efficiency, effectiveness, and transparency of this process, and I am glad the FCC is now exploring them.”

Commissioner Carr didn't comment Monday.

In recent weeks, the FCC and Team Telecom have acted against some telecom companies with ties to China, citing national security (see 2004240046).